Personal Injury

Defamation, Libel & Slander

It is not uncommon for Florida personal injury lawyers to be contacted regarding acts of defamation from people who are not seeing eye to eye with neighbors or other community members. These people often become the targets of cruel lies that are spread by hearsay all over town. Legally, this sort of behavior is known as defamation of character, which is closely related to libel and slander.

To keep it simple, defamation occurs when one person issues a phony statement about someone else. Once that statement is spread to enough people, it causes harm to subject's reputation, image, etc. Slander involves the dissemination of offensive remarks through an informal medium, which is often word of mouth. Libel involves the distribution of these distasteful assertions by way of a fixed medium (i.e. print) such as a periodical.

The characteristics of defamation frequently include:

• A bogus and insulting statement directed at another party.
• The unauthorized announcement of this statement to a third party that does not include the targeted party.
• A certain level of responsibility on the part of the publisher for encouraging the publication of such a statement.
• Damage to the claimant.

In terms of defamation law, when a statement is published, it means that it has become the possession of a third party--not necessarily that it is in print form.

Damages usually negatively impact the claimant's reputation, but under specific statutes, there may be enough evidence to prove mental anguish. The majority of jurisdictions will acknowledge "per se" defamation, which means the presumption exists that the accusations have caused damage to the claimant. A case with the following traits may represent defamation per se:

• Attacks on someone's professional status
• Charges that a single person is promiscuous
• Charges that someone has contracted a sexually transmitted disease
• Charges that someone has committed a crime of moral debauchery

At one time actions supporting defamation were solely addressed under common law, but many regions have altered common law through unique statutes. The modifications may adjust the components of the cause of action, impose restrictions on when an action may be filed, or change the defenses to an action for defamation. Some might even mandate that the defendant be granted the chance to express regret before the claimant can request nonmonetary damages.